A new law signed by Governor George E. Pataki will create new guidelines for punishing people who shake babies as well as provide better education about it.
On November 18, 2000, 8-month-old Cynthia Gibbs died because of her babysitter, who caused a depressed skull fracture and brain bleeding. Cynthia's Law was created in order to address cases such as this.
Under the new law, “Reckless Assault of a Child,” which is a Class D violent felony offense, has been made a new crime and it punishes someone who seriously injures a child five-and-under through shaking, slamming, or throwing. Cynthia's Law will apply to offenders 18 and older and will have a penalty of two-to-seven years.
“We've fought for years to toughen New York's laws to ensure prosecutors have all of the tools necessary to keep New York families safe, and to appropriately punish those who hurt our children,” Pataki said. “I am proud to sign a law today that will ensure that if anyone recklessly causes serious physical injury to the brain of a child less than five-years-old, that person will be more appropriately punished.”
The law also includes a public health law, which mandates that the Department of Health create new public information on Shaken Baby Syndrome as well as conduct an educational campaign.
“Governor Pataki's support of Cynthia's Law will go a long way towards educating new parents and caregivers about the risks associated with Shaken Baby Syndrome,” said State Health Commissioner Antonia C. Novello, M.D., M.P.H., P.H.D.